B.Hemavathy, F/A-35 v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.04.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.137 of 2017 B. Hemavathy .. Petitioner Vs 1.The Commissioner of Police, Vepery, Chennai

2. The Inspector of Police, S.11, Tambaram Police Station, Chennai .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a order or direction more particularly in the nature of writ of habeas corpus directing the first respondent herein to produce the corpus or body of the petitioner's husband namely Balaji Manikandan, aged 37 years before this Court and set him at liberty.

For Petitioner :

Mr.N.Sudharsan For respondents:

Mr.V.M.R. Rajentren Additional Public Prosecutor

ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner is the wife of one Balaji, aged about 35 years. According to the petitioner, the said Balaji, was found missing from 19.07.2012 onwards. In this regard, a complaint has been made by the petitioner to the respondent police. But, so far, he has not been secured. This is the grievance of the petitioner. Therefore, she has come up with this Habeas Corpus Petition.

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2.

The respondents have filed the status report, wherein, it is stated that in respect of the complaint made by the petitioner, a case has been registered in Cr.No.4907 of 2012 for "Man Missing"on 19.07.2012 and the same is under investigation. It is also stated in the report that what are all the steps taken by the investigating officer to trace the detenu. 3.

From the above facts, it is crystal clear that there is no illegal detention. It is a case of "Man Missing", for which, case has been registered and investigation is pending. In view of the above, no relief could be granted to the petitioner except directing the police to investigate the matter expeditiously. Accordingly, the habeas corpus petition is closed, however, with a direction to the respondents to investigate the matter expeditiously.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sr/sts To 1.The Commissioner of Police, Vepery, Chennai

2. The Inspector of Police, S.11, Tambaram Police Station, Chennai

3. The Public Prosecutor, High Court, Chennai H.C.P.No.137 of 2017 AK(CO) RS(02/05/2017) https://hcservices.ecourts.gov.in/hcservices/